Kamla sues Life Fund

The claim was filed yesterday morning in the San Fernando High Court.According to the application for judicial review, UNC Senator, attorney Wayne Sturge, as the claimant in the matter, is seeking to have the court review the policy of the CLFA to not allow for reimbursements of medical expenses incurred by applicants to the Fund Sturge is also asking the court to review an interpretation of the CLFA’s board that the medical condition of Beta Thalassemia Major (BTM) was not a life threatening disease to receive funding from the Fund.Also representing Sturge are attorneys Gerald Ramdeen and Sean Sobers.

According to the claim, the CLFA refused funding to fouryear- old Shannen Luke and five year-old Terrance Chandoo on the basis that it was legally precluded from approving their parents’ application to access funding from the CLF. The CLF was established by the People’s Partnership Government - of which Persad-Bissessar led - in November 2010.

According to its mission statement, the CLF provides ‘funding for children with life-threatening medical conditions regardless of race, religion, or political affiliation; while enriching the human experience with hope, strength and joy.’ It also notes that the CLFA - which has the responsibility to operate the Fund - ensures that all eligible applicants to the fund are carefully considered by a team of highly qualified specialist doctors and medical social workers to ensure that the “Best Care Plan” is determined and carefully executed.

“The CLFA’s first priority is the well-being of the child and his/her family,” the Fund’s website says.

According to the lawsuit, both Shannen and Terrance were diagnosed with BTM at nine and eight months-old respectively. It notes that the only cure for the blood disorder is a haemopoietic cell transfusion (bone marrow transplant) which is not available in TT. Both children require monthly blood transfusions along with daily iron therapy critical for their health and survival.

Parents of the two children made arrangements to pursue haemopetic cell transfusions for their children at the Bambino Gesu Paediatric Hospital in Rome, Italy. Shannen’s parents applied to the CLFA on April 4 while Terrance’s parents applied on April 6 to access funding to cover the expenses of the operation and other expenses.

Six days later, Shannen’s parents were told that the CLFA was legally precluded from approving the application while Terrence’s parents were told seven days later that their application was rejected.

Chairman of the CLFA Board indicated that the medical condition of BTM was not life-threatening as required by Section 19 (e) of the Children’s Life Fund Act and that the documents submitted showed that Shannen’s family had already paid the EU$158,000 in full to cover the operation and hospital stay and the CLF Act did not allow for reimbursement but ‘provides a detailed upfront application, assessment and approval process’ premised on specific criteria.

Terrence’s parents were also told the same. Both children were due to undergo surgery in May.

According to the judicial review claim, the decision to reject the applications of the two children were illegal and CLFA’s policy was irrational and unreasonable and in clear conflict with the Act.

The lawsuit also claims that the board misdirected itself when it found that BTM was not life-threatening and never gave the parents of the two children an opportunity to be heard